By Majirata Latela
The government of Lesotho has set up a task team of officers from different ministries to work hand in hand with ex-miners’ associations and Tshiamiso Trust to fast track the processes to ensure that Basotho ex-miners receive their terminal benefits.
This follows complaints from ex-miners and associations, that the Trust is supposedly dragging its feet when facilitating the processing of claims by former gold miners who contracted silicosis and tuberculosis while working in the South African mines.
The Trust, which was established in February 2020, is reported to have not paid even a single Mosotho even though it claims to have processed claims. Other reports suggest that people are also pushed from pillar to post at Tshiamiso Trust offices in Maseru to lodge their claims for compensation.
The settlement agreement applies to almost all gold mineworkers who carried out risk work at one of the 82 gold mines owned by these six companies. Risk work is defined in the Trust Deed like Section 13 of the Occupational Diseases in Mines and Works Act (ODMWA), which defines a person as doing risk work if he or she is exposed to dust of which the composition or concentration is harmful or potentially harmful, or to gases, vapours, chemical substances, factors or working conditions that are harmful or potentially harmful.
theReporter this week spoke to the ministry of labour’s principal liaison officer, Mpinane Masupha who said cabinet has set up a task team just a few months ago. She said they have heard one virtual meeting with Tshiamiso Trust. They are yet to visit its offices at Teba in Maseru to find out where the problem lies for the delay for a pay-out of claims.
She added that the task team is also yet to find out which areas does the trust need the government’s intervention to make sure that in the 15 years that the trust will be in the country, they ensure ex- miners are assisted in facilitating their claims.
“The task team which is made up of officers from the ministry of labour, ministry of health, ministry of foreign affairs and the ministry of law, ministry of home affairs and ministry of finance is working with ex- miners has been set to make it easy for the trust to know how best it can get hold of Basotho ex-miners and to guide them into placing their claims.
“The government has heard ex-miners and association complaints and has also realised that Basotho do not know anything about Tshiamiso Trust and why it is here.”
According to her the to-be beneficiaries lack that kind of information and the trust does not know what kind of methods are best to use in Lesotho to make sure that the right information gets to those who need it.
“The team is going to help the trust by talking to the principal chiefs, area chiefs, community councillors and by the use of radio medium which has proven to be very strong in spreading information. It will help them to know about the trust.
“It is just unfortunate that Covid-19 has hindered a lot of movement and physical interactions with people and we know how strong public gatherings are in information dissemination. We need to look into ways in which we can establish that information gets to ex- miners who are still alive and their heirs,” she said.
On the other hand, Ex-miners Association’s coordinator Rantṧo Mantsi has told the publication that Tshiamoso has enlisted the services of Global Med Company from South Africa which will be screening ex miners who are still alive to determine the stage of the disease.
“Global Med will be performing examinations, including post-mortem examinations where applicable so as to compile all the information that is needed to place the claim.
“The Company started operating on July 19 2021 at Teba offices and people are only expected to go there when they have been given dates for examination by Tshiamiso trust,” he said.
Masupha corroborated Mantsi’s explanation saying that Global Med has also submitted the Memorandum of Understanding between the Ex- Miners Association and Tshiamiso Trust to their ministry and they are currently familiarising themselves with it.
A source close to the paper has told the publication that the government of Lesotho has been dragging its feet to help Tshiamiso Trust to speed up processes which will enable ex- miners to get their benefits.
The source has shown that Tshiamiso ever since its arrival, has been trying to speak to different stakeholder ministries which seemed not interested to help the trust to settle and work with the government.
The publication last month spoke to Justice For Miner’s Executive Secretary Booi Mohapi who indicated that ex-miners and their dependants frequent his offices requesting the organisation to intervene in order to fast track the processing of claims for pay-out to beneficiaries.
“People have been coming to our offices to ask for assistance to pass their claims through. Most of them complain of a lot of paper work that is involved and hard to obtain from the concerned mines.
“Some complain that even when they believe that the paper work is complete, the trust officers will demand the most insignificant document which they would not be aware of. They are then turned away. Some of those needed documents can be availed by the mines themselves. It is the duty of each mine to facilitate attempts to obtain the required documents,” Mohapi explained while disturbed.
“How can Tshiamiso demand mine documents from a woman whose husband died in the 1980’s which the trust itself cannot find from the mine even though they have access to the mines. Imagine a woman going to her deceased spouse’s work place just to seek relevant information regarding the claim,” Mohapi wondered.
He regretted that some miners die before they can enjoy the fruits of their toil while promises are being made that they would be compensated. Some die before the type of silicosis is determined.
Stakeholder and communications manager of Tshiamiso Trust, Monako Dibetle also confirmed that there is no claim that has been paid thus far. He said since the call centre was established, they have been in undated calls from 14 847 Basotho nationals who sought appointments.
The centre was put in place in January 2020.
He added that there have been 11,636 claims lodged since an opening of offices on February 15 2021. He could not reveal the number of claims that have been processed and awaiting payment.
Dibetle said any complaints about his officials rendering poor services; the issues are addressed head-on as they are referred to relevant officers.
He further denied unconfirmed claims that “there are delaying tactics from Tshiamiso so that it can divert the money.
“This is untrue. Tshiamiso does not have access to the money until claims have been approved. We have no interest in delaying payments. On the contrary, Tshiamiso has worked very hard, even during the dawn of the pandemic Covid-19, to set up the infrastructure enabling them to receive claims.
“We are certainly engaging with ex-mine workers’ organisations throughout southern Africa. We are eager to assist the claimants by trying to locate their whereabouts. We have placed posters in both official languages for information dissemination to the beneficiaries
“Naturally radio is an important feature. Tens of millions of Rands have been and will be spent on radio communications. We are also using phone messaging and other social media. We also hope that, and in fact have already noted that, for those who may not have access to these media, word of mouth between former mining industry colleagues and their families and friends will play its part,” Dibetle pointed out.
According to Tshiamiso the trust is mandated to put in place medical examination facilities to perform reliable examinations, including post-mortem examinations where applicable. The trustees shall compile and maintain a registry of approved medical facilities, bodies and practitioners.
The settlement agreement applies to almost all gold mineworkers who carried out risk work at one or more of the 82 gold mines owned by six companies. The companies involved are African Rainbow Minerals, Anglo American SA, AngloGold Ashanti, Gold Fields, Harmony and Sibanye-Stillwater.
It applies to those employees who carried out risk work and who worked at those mines for a time between 12 March 1965 and 10 December 2019 (the effective date), and those who contracted silicosis in the past or who are diagnosed with silicosis before December 2031, or who contracted TB while working at those mines or within a year of leaving the mine.
However, it does not apply to those who were part of any other silicosis settlement, including the Qhubeka Trust settlement, nor to those few who chose to opt out of the settlement during the opt- out period in late 2019.
Tshiamiso Trust was established in February 2020 to ensure that eligible former or current gold mineworkers with silicosis or work-related TB (or, in case of deceased mineworkers, their dependants) are compensated.
The silicosis and tuberculosis class action settlement and Trust Deed was agreed between six mining companies and the attorneys representing mineworkers wanting to claim damages against those companies.
The object of the Trust is defined as “to give effect to the Settlement Agreement and provide Benefits to Eligible Claimants (being the beneficiaries of the Trust) in the amounts and upon the terms set out in this Trust Deed (Trust Object). The activities of the Trust shall be directed at, and the Trust Fund shall be used for the pursuit of the Trust Object.”
